RULES AND REGULATIONS
Title 25—ENVIRONMENTAL PROTECTION
ENVIRONMENTAL QUALITY BOARD
[ 25 PA. CODE CH. 245 ]
Administration of the Storage Tank and Spill Prevention Program
[39 Pa.B. 7190]
[Saturday, December 26, 2009]
Order The Environmental Quality Board (Board) by this order amends 25 Pa. Code Chapter 245 (relating to Administration of the storage tank and spill prevention program).
This order was adopted by the Board at its meeting of September 15, 2009.
A. Effective Date
These amendments will go into effect upon publication in the Pennsylvania Bulletin as final-form rulemaking.
B. Contact Persons
For further information, contact Charles M. Swokel, Chief, Division of Storage Tanks, P. O. Box 8763, Rachel Carson State Office Building, Harrisburg, PA 17105-8763, (717) 772-5806; or Kurt Klapkowski, Assistant Counsel, Bureau of Regulatory Counsel, P. O. Box 8464, Rachel Carson State Office Building, Harrisburg, PA 17105-8464, (717) 787-7060. Persons with a disability may use the Pennsylvania AT&T Relay Service by calling (800) 654-5984 (TDD users) or (800) 654-5988 (voice users). This final-form rulemaking is available electronically through the Department of Environmental Protection's (Department) web site (http://www.depweb.state.pa.us).
C. Statutory Authority
The rulemaking is being made under the authority of section 106 of the Storage Tank and Spill Prevention Act (Storage Tank Act) (35 P. S. § 6021.106), which authorizes the Board to adopt rules and regulations governing aboveground and underground storage tanks to accomplish the purposes and carry out the provisions of the act; section 501 of the act (35 P. S. § 6021.501), which authorizes the Department to establish program requirements for underground storage tanks; and section 1920-A of The Administrative Code of 1929 (71 P. S. § 510-20), which authorizes the Board to formulate, adopt and promulgate rules and regulations that are necessary for the proper work of the Department.
D. Background of the Amendments
The Board established the initial rulemaking governing administration of the storage tank and spill prevention program with its final publication of Chapter 245, Subchapters A and B (relating to general provisions; and certification program for installers and inspectors of storage tanks and storage tank facilities) at 21 Pa.B. 4345 (September 21, 1991). In that initial rulemaking, Federal requirements in 40 CFR Part 280 (relating to technical standards and corrective action requirements for owners and operators of underground storage tanks (UST)) were adopted by reference in Subchapter A. Comprehensive UST regulations were established in Chapter 245 when the Board adopted Subchapter E in 1997 (27 Pa.B. 5341, October 11, 1997). The Board last amended Subchapter E in 2007, when several UST provisions contained in the Federal Energy Policy Act of 2005 (August 8, 2005, Pub. L. No. 109-58, 119 Stat. 594) (EPAct) were adopted at 37 Pa.B. 5979, (November 10, 2007). The most significant provision in this final-form rulemaking addresses UST operator training requirements and codifies the last provision of the Energy Policy Act of 2005 (Pub.L. 109-58) (EPAct) relating to UST that needs to be addressed by the Department. Provisions for training course and trainer approvals, along with provisions for mandatory training or retraining of UST owners and operators whose tank systems are determined to be out of compliance as a result of an inspection, are already contained in current Chapter 245.
The proper conduct of operations, maintenance and related recordkeeping for USTs has been a problem in this Commonwealth and Nationally. The Department has noted particular compliance concerns relating to routine leak detection monitoring, periodic testing of monitoring equipment and corrosion protection systems, and maintenance. The operator training provisions in this rulemaking will help to improve significantly UST operations, maintenance, recordkeeping and related compliance with the Commonwealth and Federal UST regulatory requirements, which will protect the citizens and the environment of this Commonwealth.
Establishment of an operator training program is necessary to comply with Federal operator training grant guidelines issued by the U.S. Environmental Protection Agency (EPA) on August 8, 2007. Section 9010 of Subtitle I of the Solid Waste Disposal Act (Subtitle I), as amended by section 1524 of the EPAct (42 U.S.C. § 6991i), required the EPA to develop and publish guidelines for states to establish training requirements for UST operators. This section also requires that states receiving Federal funds under Subtitle I develop state-specific regulatory training requirements consistent with the EPA guidelines by August 8, 2009 or be well underway in that process. The Commonwealth receives Federal funding under Subtitle I in the form of the UST and Leaking Underground Storage Tank Trust Fund grants. Additionally, the guidelines require states to ensure that all three classes of operators are trained according to state-specific training requirements by August 8, 2012. Failure to establish an effective operator training program in the Commonwealth would jeopardize current EPA state program approval and substantial funding provided to the Department under Subtitle I. For Federal Fiscal Year 2009, the Department received $2.79 million in Federal funds from EPA for the UST and Leaking Underground Storage Tank (cleanup) programs.
The final-form rulemaking amends existing § 245.422(e) (relating to upgrading of existing underground storage tank systems) to clarify that containment is required when replacing an existing product dispenser that involves a major modification.
The final-form rulemaking also amends § 245.435(b) (relating to reporting and recordkeeping) to clarify the time frame for retention of temporary records and to correct errors on the retention of cathodic protection documents. This subsection also adds operator training documents to the temporary recordkeeping requirements.
The final-form rulemaking adds § 245.436 (relating to operator training) to existing regulations. This section establishes three distinct classes of UST operators and related training requirements. It includes the general requirements for trained operators (subsection (a)), descriptions of the classes of storage tank operators to be trained (subsection (b)), required and acceptable forms of training for each class of operator (subsection (c)), deadlines for new and existing operators to meet the training requirements (subsection (d)), and documentation requirements (subsection (e)).
The Department worked with the Storage Tank Advisory Committee (STAC) during development of this rulemaking. The Department also met with UST owners, operators and manufacturers; associations and groups, such as the Pennsylvania Petroleum Marketers and Convenience Store Association; the Tank Installers of Pennsylvania; and the Agricultural Advisory Board. The STAC, which was established by section 105 of the Storage Tank Act (35 P. S. § 6021.105), consists of persons representing a cross-section of organizations having a direct interest in the regulation of storage tanks in this Commonwealth. As required by section 105 of the Storage Tank Act, the STAC has been given the opportunity to review and comment on the final-form rulemaking and to review comments received on the proposed rulemaking. On June 9, 2009, the STAC voted to support the amendments and recommended that the Board consider the amendments for publication as final-form rulemaking. A listing of STAC members and minutes of STAC meetings are available on the Department's web site at www.depweb.state.pa.us and may also be obtained from Charles M. Swokel, whose contact information appears in Section B of this order.
E. Summary of Changes to and Comments and Responses on the Proposed Rulemaking
The Board received comments on the proposed rulemaking from six commentators. Five individuals submitted comments during the 30-day public comment period, subsequent to the notification of availability published at 39 Pa.B. 1300 (March 14, 2009). The Department provided the Independent Regulatory Review Commission (IRRC) with all comments received during the public comment period. On May 13, 2009, IRRC submitted written comments to the Board. Based on the comments received, several changes have been made in the final-form rulemaking.
One commentator felt that compliance costs included in the preamble of the proposed rulemaking may be understated and did not address travel and labor costs associated with attending an operator training course. The Board recognizes that additional travel and labor costs could be incurred. However, the upper range of the rate shown for national trainers was for onsite training. Since the proposed rulemaking was published, some national trainers have started providing computer-based interactive operator training courses at even lower rates than projected in the preamble. See Section F, Compliance Cost of this order for more discussion on the costs associated with the rulemaking. The Board believes that market factors and national demand for training operators will ensure that training costs are competitive and reasonable.
Two commentators raised concerns that the proposed rulemaking may not meet EPA guidelines for operator training because the proposal does not provide for retraining or mandatory training of storage tank operators when a facility is determined to be out of compliance with regulatory requirements. Since existing regulations already contain provisions in § 245.411(d) for mandatory training or retraining of owners and operators, when a facility is determined to be out of compliance, the Board does not see a need to further amend the regulation on retraining. The existing regulations cover any formal retraining of owners and operators that may be required.
The Department may also rely on certified third-party inspectors or Department staff to provide instructions to operators during a facility inspection process for minor infractions, such as where on-the-spot corrections can be made or when the operator can provide documentation within a certain time frame to the inspector that demonstrates compliance. This less formal training process should satisfy retraining requirements for minor infractions, so long as it measures the operators understanding of regulatory requirements, achieves compliance for the noted infractions and is documented on the inspection report or other enforcement records. The Board believes that the EPA guidelines allow for flexibility when determining compliance and providing retraining specific to minor or limited infractions, as determined by the Department.
Two commentators complimented the Department on efforts to establish the rulemaking and one recommended that the provision on availability of Class A and Class B operators be retained as proposed. The Board appreciates the comments, and the provision is retained.
One commentator raised concerns about what constitutes a ''manned facility'' and recommended that definitions be added for manned and unmanned facilities and for determining when a facility is in operation that requires a Class C operator to be onsite. The Board recognizes this concern and has changed § 245.436(a)(ii) in the final-form rulemaking to clarify this issue and to reference 37 Pa. Code Chapter 13 (relating to storage and use of flammable and combustible liquids), which stipulates requirements for onsite operators when dispensing fuel for retail sales to the general public.
One commentator indicated that Class A operators may not make routine management decisions as indicated in § 245.436(b)(1), but may advise the tank owner or management on such matters. The Board has changed the routine requirements in this section to indicate that Class A operators ''typically'' have certain management responsibilities, thus implying that other methods of handling these responsibilities, such as advising management, may also be acceptable.
Two commentators were concerned that Department-certified entities should not be allowed to serve as operators and expressed that contracting the Class A operators position may pose safety concerns. The Board does not agree with the commentators that Department-certified entities should not be allowed to serve as operators or that contracting these functions poses safety concerns. However, the Board does believe that when designated as Class A or Class B operators, Department-certified entities should maintain current IUM or UMX certification categories or complete the same formal training as other operators. Therefore, the final-form rulemaking requires that Department certification must be ''current'' in § 245.436(b)(1) and (2) for Department-certified entities when designated as the Class A operator, the Class B operator or both.
Several commentators raised concerns about Class C operator notification and use of environmental hot-line representatives for notification in emergencies. One of the commentators felt the proposed rulemaking was vague on instances when notification must be made. The Board recognizes these concerns and has included changes in § 245.436(b)(3) and (e)(3) of the final-form rulemaking that notification should be ''based on the nature and type of emergency'' and that Class C operator ''or owner contact information including . . . emergency procedures'' shall be posted at unmanned facilities. This helps to clarifies that an emergency hot-line representative may be used to satisfy notification, provided that written emergency procedures are provided that adequately address the process. The proposed rulemaking text also allows the hot-line representative to be designated as a Class C operator (additional, alternate or primary), if needed.
One commentator was concerned that maintaining lists of trained operators will be difficult and time-consuming, given the commentator's experience with the high turnover of Class C operators. This commentator and another commentator also believe that the proposed rulemaking should further clarify retention requirements for operator training documents maintained offsite, such as for unmanned facilities. The Board believes that maintaining current lists of designated operators and other related documents is necessary and appropriate to identify the trained operators responsible for each underground storage tank facility. Retaining documentation at a readily available offsite location is already clarified in § 245.435(b) of the existing regulation, which is referenced in the proposed rulemaking under § 245.436(e)(2).
One commentator felt that the requirement to train a new Class A or Class B operator within 30 days for replacing a trained operator should be waived if the company has other trained operators already available to designate. The Board believes that the proposed rulemaking already allows for substitution of trained operators and no waiver is required. When designating any operator who is not yet trained, that operator must be trained within the time frames stated in the regulation.
Finally, one commentator indicated that the corporate owner of multiple UST facilities is developing in-house training programs to fulfill the requirements to train and certify their own Class A and Class B operators under § 245.141 (relating to training approval). The Board agrees that the proposed rulemaking, coupled with existing training approval provisions in § 245.141, does not preclude an owner from developing in-house operator training courses and submitting the course outlines for approval by the Department for training the owner's operators. The regulations require that the course instructor have professional background and knowledge necessary for the technical material covered and that the training course meet regulatory requirements, including testing and certification of the operators.
F. Benefits, Costs and Compliance
Benefits
The amendments are expected to result in significant improvements in the routine operation, maintenance and monitoring of UST. This will help to further reduce the number of releases from UST and in turn protect public health and the environment. These regulatory changes will provide economic opportunities for third-party trainers. By recognizing a wide array of training options, it is expected that costs to storage tank owners and operators will be minimized.
By establishing a viable operator training program, the Commonwealth will retain UST state program approval and will remain eligible for continued substantial Federal funding for the program under Subtitle I.
Compliance Costs
There are approximately 3,500 tank owners and their operators with nearly 8,700 UST facilities regulated by the Department in this Commonwealth. Many of the owners are major corporations, while the remaining owners are mostly small businesses and various government entities. Many of the small businesses and corporations belong to organizations and associations that have shown an interest in helping with the required training for operators. The number of operators at any particular facility range from one to several, depending on the size of the facility and hours of operation. Generally, retail sales facilities have more operators than government entities or nonretail facilities.
The current National availability of UST training vendors for operators is somewhat limited, but is expected to expand significantly as all states implement mandatory operator training requirements. Many states have indicated that they will rely on third-party or industry trainers. The current cost of National training vendors ranges from $145 to $500 per training course for Class A and Class B operators. However, several organizations and associations in this Commonwealth, as well as Department-certified tank installers, inspectors and companies have indicated an interest in becoming approved trainers or in some cases providing services as qualified operators. It is anticipated with in-State and National trainers expanding into the UST program that the cost of operator training courses will be minimized through these market forces.
The costs for training Class C operators should be very minimal. The Class C operators only require in-house training on emergency procedures and written instructions. Tank owners should already provide this training to satisfy U.S. Occupational Safety and Health Administration requirements in 29 CFR Part 1910 (relating to Occupational Safety and Health Standards); and Department of Labor and Industry requirements in 37 Pa. Code Chapter 13.
Compliance Assistance Plan
It is not anticipated that the Commonwealth will provide sources of financial assistance to aid in compliance with the final-form rulemaking.
As for technical and educational assistance, the Department currently operates a fairly extensive program of outreach activities designed to assist owners and operators of storage tanks as well as individuals. This program includes a series of fact sheets that focus on single issues in the storage tank program (for example, Leak Detection: Meeting the Requirements); periodic seminars and conferences focusing on storage tank technical and administrative issues; training sessions presented by regional and central office training teams on a variety of issues; numerous guidance documents addressing technical and policy issues; and a great deal of information available on the Department's web site. The Department will work with organizations, associations, companies and individuals to establish a base of industry trainers to provide the necessary training, testing and related documentation for owners and operators of UST.
Paperwork Requirements
There are very few new paperwork requirements in this rulemaking and no new reporting requirements. The rulemaking addresses requirements to maintain a list of designated operators, certificates or documentation of training, and facility contacts and written emergency procedures. The list of operators, training records and some contact information is new; emergency procedures should already be available at most facilities. These records will be checked during the periodic inspections currently required at UST facilities and will not be routinely required to be submitted to the Department.
G. Pollution Prevention
The programs set out in this rulemaking package and in the current regulations are designed to prevent the release and spread of regulated substances from storage tanks located in this Commonwealth. They create a program similar to the cradle-to-grave process with the goal of making sure that the storage tank is installed, maintained, operated, closed and removed in a manner that will minimize the likelihood of a release occurring. If a release does occur, these amendments and regulations that currently exist in Chapter 245 are designed to detect and contain the release quickly, and make sure that corrective action is carried out expeditiously, minimizing exposure to the public and the environment.
In this rulemaking, the Department is attempting to reach or improve upon these goals through a combination of performance standards and training of storage tank operators. The final-form rulemaking has built-in flexibility as to how the regulated community achieves the goals and reliance on industry standards and trained industry professionals. By taking this approach, the Department hopes to improve routine storage tank operation and maintenance, reduce pollution, lower the number of corrective actions that must eventually be performed, decrease the amount of contaminated soil and groundwater that must be dealt with, and do so in a manner that is flexible, reasonable and cost effective.
H. Sunset Review
These regulations will be reviewed in accordance with the sunset review schedule published by the Department to determine whether the regulations effectively fulfill the goals for which they were intended.
I. Regulatory Review
Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), on February 27, 2009, the Department submitted a copy of the notice of proposed rulemaking, published at 39 Pa.B. 1300 (March 14, 2009) to IRRC and the House and Senate Environmental Resources and Energy Committees (Committees) for review and comment.
Under section 5(c) of the Regulatory Review Act, IRRC and the Committees were provided with copies of the comments received during the public comment period, as well as other documents when requested. In preparing the final-form rulemaking, the Department has considered all comments from IRRC, the Committees and the public.
Under section 5.1(j.2) of the Regulatory Review Act (71 P. S. § 745.5a(j2)), on November 4, 2009, this final-form rulemaking was deemed approved by the Committees. Under section 5.1(e) of the Regulatory Review Act, IRRC met on November 5, 2009, and approved the final-form rulemaking.
J. Findings
The Board finds that:
(1) Public notice of proposed rulemaking was given under sections 201 and 202 of the act of July 31, 1968, P. L. 769, No. 240) (45 P. S. §§ 1201 and 1202) and regulations promulgated thereunder at 1 Pa. Code §§ 7.1 and 7.2 (relating to notice of proposed rulemaking required; and adoption of regulations).
(2) A public comment period was provided as required by law, and all comments were considered.
(3) These regulations do not enlarge the purpose of the proposal published at 39 Pa.B. 1300.
(4) These regulations are necessary and appropriate for administration and enforcement of the authorizing Storage Tank Act identified in Section C of this order.
K. Order of the Board
The Board, acting under the authorizing statutes, orders that:
(a) The regulations of the Department, 25 Pa. Code Chapter 245, are amended by amending §§ 245.422 and 245.435 to read as set forth at 39 Pa.B. 1300; and by adding § 245.436 to read as set forth in Annex A.
(b) The Chairperson of the Board shall submit this order, 39 Pa.B. 1300 and Annex A to the Office of General Counsel and the Office of Attorney General for review and approval as to legality and form, as required by law.
(c) The Chairperson shall submit this order, 31 Pa.B. 1300 and Annex A to IRRC and the Committees as required by the Regulatory Review Act.
(d) The Chairperson of the Board shall certify this order, 39 Pa.B. 1300 and Annex A and deposit them with the Legislative Reference Bureau, as required by law.
(e) This order shall take effect immediately.
JOHN HANGER
Chairperson
Environmental Quality Board(Editor's Note: For the text of the order of the Independent Regulatory Review Commission relating to this document, see 39 Pa.B. 6705 (November 21, 2009).)
Fiscal Note: Fiscal Note 7-432 remains valid for the final adoption of the subject regulation.
Annex A
TITLE 25. ENVIRONMENTAL PROTECTION
PART I. DEPARTMENT OF ENVIRONMENTAL PROTECTION
Subpart D. ENVIRONMENTAL HEALTH AND SAFETY
ARTICLE VI. GENERAL HEALTH AND SAFETY
CHAPTER 245. ADMINISTRATION OF THE STORAGE TANK AND SPILL PREVENTION PROGRAM
Subchapter E. TECHNICAL STANDARDS FOR UNDERGROUND STORAGE TANKS
GENERAL OPERATING REQUIREMENTS § 245.436. Operator training.
(a) Requirement for trained operators.
(1) An owner shall designate Class A, Class B and Class C operators for each underground storage tank system or facility that has underground storage tanks permitted to operate by the Department.
(2) A facility may not operate after August 8, 2012, unless operators have been designated and trained as required in this section, unless otherwise agreed upon by the Department.
(3) Trained operators shall be readily available to respond to suspected/confirmed releases, other unusual operating conditions and equipment shut-offs or failures.
(i) The Class A or Class B operator shall be available for immediate telephone consultation when a facility is in operation. A Class A or Class B operator must be able to be onsite at the storage tank facility within 24 hours.
(ii) Facilities that dispense motor fuel for retail sales to the general public shall be manned by an onsite Class C operator when open for business with the public in accordance with 37 Pa. Code §§ 13.115 and 13.117 (relating to attended self-service stations; and supervision of dispensing). During an unexpected absence of a Class C operator, such as employee no-shows or call-offs, an onsite Class A or Class B operator may fill-in or temporarily substitute for the Class C operator. Facilities that do not dispense motor fuel to the general public may be manned based on the facility owner's requirements and routine operational needs.
(iii) For unmanned facilities, a Class C operator shall be available for immediate telephone consultation and shall be able to be onsite within 2 hours of being contacted. Emergency contact information shall be prominently displayed at the site. Emergency procedures for users of unmanned facilities shall also be prominently posted at the site.
(4) Designated operators shall successfully complete required training under subsection (c) by August 8, 2012.
(5) A person may be designated for more than one class of operator.
(b) Operator classes.
(1) Class A operator. A Class A operator has primary responsibility to operate and maintain the underground storage tank system and facility. The Class A operator's responsibilities typically include managing resources and personnel, such as establishing work assignments, to achieve and maintain compliance with regulatory requirements. In general, this person focuses on the broader aspects of the statutory and regulatory requirements and standards necessary to properly operate and maintain the underground storage tank system and facility.
(i) A Class A operator assists the owner by ensuring that underground tank systems are properly installed and expeditiously repaired, and records of system installation, modification and repair are retained and made available to the Department and certified IUM inspectors.
(ii) A Class A operator shall be familiar with training requirements for each class of operator and may provide required training for Class C operators.
(iii) A Class A operator may prepare site drawings that indicate equipment locations for Class C operators and routine maintenance checklists for Class B operators. (See PEI RP 900—''Recommended Practices for the Inspection and Maintenance of UST Systems.'')
(iv) Department-certified companies, installers and inspectors with current underground storage tank UMX or IUM certification categories may perform Class A operator duties when employed or contracted by the tank owner to perform these functions.
(A) Department-certified installers, inspectors and companies identified in this subparagraph are excluded from required training under subsection (c), unless required by the Department to successfully complete mandatory operator training under § 245.411(d) (relating to inspection frequency).
(B) A certified IUM inspector may not perform a facility operation inspection for a facility where the inspector is also the designated Class A operator. (See § 245.106 (relating to conflict of interest).)
(2) Class B operator. A Class B operator implements applicable underground storage tank regulatory requirements and standards in the field or at the storage tank facility. This person oversees and implements the day-to-day aspects of operations, maintenance and recordkeeping for the underground storage tanks at one or more facilities. For example, the operator ensures that release detection methods, release prevention equipment and related recordkeeping and reporting requirements are met, relevant equipment manufacturer's or third-party performance standards are available and followed, and appropriate persons are trained to properly respond to potential emergencies caused by releases or spills from underground storage tank systems at the facility.
(i) A Class B operator checks spill prevention and overfill control equipment and corrosion protection equipment to ensure that they are functioning properly and that any required system tests are performed at required intervals.
(ii) A Class B operator assists the owner by ensuring that release detection equipment is operational, release detection is performed at the proper intervals and release detection records are retained and made available to the Department and certified IUM inspectors.
(iii) A Class B operator shall be totally familiar with Class B and Class C operator responsibilities, and may provide required training for Class C operators.
(iv) Department-certified companies, installers and inspectors with current underground storage tank UMX or IUM certification categories may perform Class B operator duties when employed or contracted by the tank owner to perform these functions.
(A) Department-certified installers, inspectors and companies identified in this subparagraph are excluded from required training under subsection (c), unless required by the Department to successfully complete mandatory operator training under § 245.411(d).
(B) A certified IUM inspector may not perform a facility operation inspection for a facility where the inspector is also the designated Class B operator. (See § 245.106.)
(3) Class C operator. A Class C operator is the first line of response to events indicating emergency conditions. This person is responsible for responding to alarms or other indications of emergencies caused by spills or releases from underground storage tank systems and equipment failures. The Class C operator shall notify the Class A or Class B operator and appropriate emergency responders when necessary, based on the nature or type of emergency.
(i) A Class C operator may control or monitor the dispensing or sale of regulated substances.
(ii) After June 28, 2010, written instructions or procedures shall be provided and visible at manned storage tank facilities, and be readily available for unmanned facilities for persons performing duties of the Class C operator to follow and to provide notification necessary in the event of emergency conditions.
(iii) There may be more than one Class C operator at a storage tank facility, but not all employees of a facility are necessarily Class C operators.
(c) Required training.
(1) Class A operators. A Class A operator shall successfully complete a training course approved under § 245.141 (relating to training approval) or recognized by the Department under paragraph (5) that includes a general knowledge of underground storage tank system requirements. Training must provide information that should enable the operator to make informed decisions regarding compliance and to ensure that appropriate persons are fulfilling operation, maintenance and recordkeeping requirements and standards of this chapter or Federal underground storage tank requirements in 40 CFR Part 280 (relating to technical standards and corrective action requirements for owners and operators of underground storage tanks (UST)), or both, including the following:
(i) Spill and overfill prevention.
(ii) Release detection and related reporting requirements.
(iii) Corrosion protection.
(iv) Emergency response.
(v) Product and equipment compatibility.
(vi) Financial responsibility.
(vii) Notification and storage tank registration requirements.
(viii) Temporary and permanent closure requirements.
(ix) Operator training requirements.
(2) Class B operators. A Class B operator shall successfully complete a training course approved under § 245.141 or recognized by the Department under paragraph (5) that includes an in-depth understanding of operation and maintenance aspects of underground storage tank systems and related regulatory requirements. Training must provide specific information on the components of underground storage tank systems, materials of construction, methods of release detection and release prevention applied to underground storage tank systems and components. Training must address operation and maintenance requirements of this chapter or Federal underground storage tank requirements in 40 CFR Part 280, or both, including the following:
(i) Spill and overfill prevention.
(ii) Release detection and related reporting requirements.
(iii) Corrosion protection and related testing.
(iv) Emergency response.
(v) Product and equipment compatibility.
(vi) Reporting and recordkeeping requirements.
(vii) Class C operator training requirements.
(3) Class C operators. At a minimum, training provided by the tank owner or Class A or Class B operator must enable the Class C operator to take action in response to emergencies, such as situations posing an immediate danger or threat to the public or to the environment and that require immediate action, caused by spills or releases and alarms from an underground storage tank system. Training must include written instructions or procedures for the Class C operator to follow and to provide notification necessary in the event of emergency conditions.
(4) Class A and Class B operators. Successful completion for Class A and Class B operators means attendance for the entire training course and demonstration of knowledge of the course material as follows:
(i) Receipt of a passing grade under § 245.141(b)(4), on an examination of material presented in the training course, or demonstration through practical (hands-on) application to the trainer, operation and maintenance checks of underground storage tank equipment, including performance of release detection at the underground storage tank facility, at the conclusion of onsite training.
(ii) Receipt of a training certificate by an approved trainer upon verification of successful completion of training under this paragraph.
(5) Reciprocity. The Department may also recognize successful completion of Class A and Class B operator training on regulatory standards consistent with 40 CFR Part 280, which is recognized by other states or implementing agencies and which is approved by the EPA as meeting operator training grant guidelines published by the EPA.
(6) Costs of training. The tank owner or operator shall incur the costs of the training.
(d) Timing of training.
(1) An owner shall ensure that Class A, Class B and Class C operators are trained as soon as practicable after December 26, 2009, contingent upon availability of approved training providers, but not later than August 8, 2012.
(2) When a Class A or Class B operator is replaced, after August 8, 2012, a new operator shall be trained within 30 days of assuming duties for that class of operator.
(3) Class C operators shall be trained before assuming duties of a Class C operator. After June 28, 2010, written instructions or procedures shall be provided to Class C operators to follow and to provide notification necessary in the event of emergency conditions. Class C operators shall be briefed on these instructions or procedures at least annually (every 12 months), which may be concurrent with annual safety training required the Occupational Safety and Health Administration, 29 CFR Part 1910 (relating to Occupational Safety and Health Standards).
(e) Documentation.
(1) The owner of an underground storage tank facility shall prepare a list of designated operators. The list must represent the current Class A, Class B and Class C operators for the underground storage tank facility and include:
(i) The name of each operator, class of operation trained for and the date each operator successfully completed initial training and refresher training, if any.
(ii) For Class A and Class B operators that are not permanently onsite or assigned to more than one facility, telephone numbers to contact the operators.
(2) A copy of the certificates of training for Class A and Class B operators shall be on file and readily available and a copy of the facility list of Class A, Class B and Class C operators and Class C operator instructions or procedures shall be kept onsite and immediately available for manned storage tank facilities and readily available for unmanned facilities. (See § 245.435(b)(3)(ix) (relating to reporting and recordkeeping).)
(3) Class C operator or owner contact information, including names and telephone numbers, and emergency procedures, shall be conspicuously posted at unmanned facilities.
[Pa.B. Doc. No. 09-2366. Filed for public inspection December 24, 2009, 9:00 a.m.]
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